Motion for Default Judgment and Declaration of Joshua Sondheimer

234568910111234IS16JOSHUA SONDHEIMER, Esq. (SBN 152000)The Center for Justice & Accountability870 Market Street, Suite 684San Francisco, CA 94102Tel: (415) 544-0444Fax: (415) 544-0456Email: jsond@Cja.orgTERRI MARSH, Esq. (Admitted Pro Hac Vice)3133 Connecticut Ave., N.W., Suite 608Washington, D.C. 20008Tel: (202) 369-4977MICHAEL S. SORGEN, Esq. (SBN 43107)TANIA ROSE, Esq. (SBN 151514)Law Offices of Michael Sorgen240 Stockton Street, 9th FloorSan Francisco, CA 94108Tel: (415) 956-1360Fax: (415) 956-6342Email: msorgen@sorgen.netJANE DOE I, JANE DOE ll, HELENE PETIT,MARTIN LARSSON, LEESHAI LEMISH, andROLAND ODARUNITED STATES DISTRICT COURTNORTHERN DISTRICT OF CALIFORNIACivil Action No. C 02 0672 CW78)MOTION FOR JUDGMENT BYDEFAULT; DECLARATION OFJOSHUA SONDHEIMER19Plaintiffs,))))20 v222232425LIU QI, and DOES 1-5, inclusiveDefendants.Date:Time:Place:May 1 t 20021 :30 p.m.Courtroom Ct 15th Floor) HoD. Edward M. Ch~ Magistrate Judge26 Plaintiffs Jane Doe, et a/., respectfully move that the Court enter a judgment by default27 against defendant Liu Qi ("defendant") in the above-captioned civil action in an amount to be28Motion for Default JudgmentDoe v. Liu Qi, N.D. Cal. No. C-O2-0672 CW

1234568910determined according to proof at an evidentiary hearing. A hearing on this Motion has beenscheduled by the Court in advance of the filing of this Motion for May 1, 2002, at 1 :30 p.mPlaintiffs request that an evidentiary hearing on damages be set for a date subsequent to thescheduled May , 2002, hearing, at which plaintiffs intend to present live testimony from plaintiffsand other witnesses.This Motion is based on the following points and authorities. the declarationof Joshua Sondheimer, the record and file herein, and such other evidence and argument as may beadduced at a hearing on this matter.1. STATEMENT OF FACTSPOINTS AND AUTHORITIESPlaintiffs' complaint alleges that defendant is liable for acts constituting torture, cruel,inhuman or degrading treatment, arbitrary detention, crimes against humanity, and serious12interference with freedom of religion and belief against plaintiffs. Defendant was personally13served with the summons, complaint, and supplemental documents on February 7, 2002, as14evidenced by the Return of Service of summons on file with this Court, filed March 8, 200215Defendant failed to appear or otherwise defend in this action within the twenty (20) days16pennitted for an answer or other responsive pleading under Federal Rule of Civil Procedure 12(a),1and has made no appearance to the present day. Declaration of Joshua Sondheimer," 4-5,18attached hereto as Exhibit A. Defendant is not a minor or incompetent person. Id. 13. On March1912,2002, the Clerk of this Court entered defendant's default202. ARGUMENT21Plaintiffs' complaint sets forth specific allegations of defendant's liability for torture, cruel,22inhuman or degrading treatment, and other torts recognized as violations of the law of nations,23Accordingly, this Court has jurisdiction over this action pursuant to 28 V.S.C. § 1350 (the"Alien24 Tort Claims Ac~" or .. A TCA "), see In re Estate of Ferdinand Marcos, Human Rights Litigation,2526272825 F.3d 1467, 472-76 (9th Cir. 1994), and under 28 U.S.C. § 1331, by virtue of plaintiffs' claimsunder the Torture Victim Protection Act ("TYPA"), 28 V.S.C. § 1350 notePlaintiffs request compensatory and punitive damages in this matter.As plaintiffs'Motion for Default JudgmentDoe v. Liu Qi. N.D. Cal. No. C-O2-0672 CW2

2345689101213l45161819202222324damages are not for a sum certain or an amount that can be made certain by computation, Rule55(b) of the Federal Rules of Civil Procedure requires plaintiffs to make this application to thecourt for a default judgment. Fed. R. Civ. P. 55 Default judgment is appropriate wheredefendant properly served with the summons and complaint fails to appear or otherwise defendwithin the time pennitted by law; 2) the moving party has established the fact of such failure byaffidavit or declaration; 3) the defendant is not an infant or incompetent person; and 4) a defaulthas been entered against the defendant. Id.Plaintiffs have established each of these conditions. As presented in the motion and theaccompanying affidavit of Joshua Sondheimer, defendant was properly served with the summons,complaint and supplemental papers on February 7, 2002, and failed to appear or otherwise defendin this action within the 20 days pennitted for defendant's answer or other responsive pleading.Plaintiff is not incompetent or a minor. The Clerk of this Court, accordingly. has entereddefendant's default.As plaintiffs' claim for compensatory and punitive damages is not for a sum certain,plaintiffs hereby request an evidentiary hearing pursuanto Rule 55(b)(2) of the Federal Rules ofCivil Procedure to establish their entitlement to damages. Plaintiffs requesthat such hearing bescheduled subsequent to the May ,2002, hearing presently scheduled in this matter. To the extentthat the Court intends that testimony regarding damages be presented at the Mayplaintiffs respectfully request that the evidentiary hearing be bifurcated from the Maythat the Mayhearing,ahearing, orhearing be continued to a date in June 2002 or later, on the ground that additionaltime is necessary to coordinate appearances by the six plaintiffs, some of whom must travel fromabroad, and other witnesses. Plaintiffs' complaint reserves their right to trial by jury/125262728I.Motion for Default JudgmentDoe v. Liu Qi, N.D. Cal. No. C-O2-0672 CJJ3

123456CONCLUSIONFor the foregoing reasons, plaintiffs respectfully request that the Court enter a judgment bydefault against defendant Liu Qi in an amount to be determined according to proof at a separatehearing on the amount of plaintiffs' damagesDATED: April II, 200289101112131415Respectfully submittedTHE CENTER FOR JUSTICE &ACCOUNTABILITYJOSHUA SONDHEIMERAttorney for Plaintiffs16111819202122232425262728Motion for Default JudgmentDoe v. Liu Qi. ND. Cal. No. C-O2-0672 CW4